Nevada Administrative Code

NAC 455.060 “Identify” defined. (NRS 703.025, 704.260, 704.280) “Identify” means to describe: 1. The type of a subsurface installation; and 2. If the subsurface installation has a diameter or width of more than 2 inches, the diameter or width and composition of the subsurface ins…

NAC 455.065 “Locate” defined. (NRS 703.025, 704.260, 704.280) “Locate” means to determine the location of a subsurface installation. The term does not include determining the depth of the subsurface installation. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.067 “Marking practices in the industry” defined. (NRS 703.025, 704.260, 704.280) “Marking practices in the industry” means the marking standards adopted by reference in NAC 455.105. (Added to NAC by Pub. Utilities Comm’n by R048-06, eff. 9-18-2006)

NAC 455.070 “Notification” defined. (NRS 703.025, 704.260, 704.280) “Notification” means a notice of an excavation or demolition submitted by an excavator to an association for operators. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.075 “Operator” defined. (NRS 703.025, 704.260, 704.280) “Operator” has the meaning ascribed to it in NRS 455.096. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.080 “Person” defined. (NRS 703.025, 704.260, 704.280) “Person” has the meaning ascribed to it in NRS 455.098. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.085 “Proposed area of the excavation or demolition” defined. (NRS 703.025, 704.260, 704.280) “Proposed area of the excavation or demolition” means the area identified by the excavator pursuant to the provisions of NAC 455.115 and subparagraph (2) of paragraph (b) of subse…

NAC 455.090 “Subsurface installation” defined. (NRS 703.025, 704.260, 704.280) “Subsurface installation” has the meaning ascribed to it in NRS 455.101. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.095 “Working day” defined. (NRS 703.025, 704.260, 704.280) “Working day” has the meaning ascribed to it in NRS 455.105. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.100 “Association for operators” deemed to be Underground Service Alert North. (NRS 455.084, 703.025, 704.260, 704.280) For the purposes of this chapter and NRS 455.080 to 455.180, inclusive, the “association for operators,” as described in NRS 455.084, shall be deemed to …

NAC 455.105 Marking standards: Adoption by reference; availability. (NRS 455.133, 703.025, 704.260, 704.280) 1. The Commission hereby adopts by reference the marking standards described in the: (a) “Uniform Color Code”; (b) “Guidelines for Excavation Delineation”; and (c) “Guidel…

NAC 455.107 Marking standards: Controlling provisions. (NRS 455.133, 703.025, 704.260, 704.280) If there is a conflict between the marking practices in the industry and the other provisions of this chapter, the other provisions of this chapter control. (Added to NAC by Pub. Utili…

NAC 455.110 Notification of association for operators: Required information. (NRS 455.110, 703.025, 704.260, 704.280) In addition to the requirements set forth in paragraph (a) of subsection 1 of NRS 455.110, an excavator submitting a notification shall provide to the association…

NAC 455.112 Notification of association for operators: Operator required to submit quarterly updates regarding changes to geographic area of subsurface installation; exception. (NRS 455.120, 455.130, 703.025, 704.260, 704.280) Except as otherwise provided in this section, an oper…

NAC 455.114 Duty of association for operators to compile certain reports. (NRS 455.110, 455.115, 703.025, 704.260, 704.280) An association for operators shall compile any report requested by the Regulatory Operations Staff of the Commission regarding information provided to the a…

NAC 455.115 Marking of proposed area of excavation or demolition; exemption from requirement for notification. (NRS 455.110, 703.025, 704.260, 704.280) 1. Except as otherwise provided in subsections 3 and 4, an excavator who marks the proposed area of an excavation or demolition …

NAC 455.120 Association for operators: Dissemination of information received in notifications. (NRS 455.115, 455.130, 703.025, 704.260, 704.280) 1. In addition to the requirements set forth in NRS 455.115, an association for operators that receives a notification pursuant to the …

NAC 455.125 Duties of operator upon receipt of notification from association for operators. (NRS 455.130, 455.133, 703.025, 704.260, 704.280) 1. An operator locating and identifying subsurface installations pursuant to the provisions of paragraph (a) of subsection 1 of NRS 455.13…

NAC 455.130 Marking location of subsurface installation. (NRS 455.130, 455.133, 703.025, 704.260, 704.280) 1. Except as otherwise provided in subsection 2 or when otherwise agreed to by an operator and an excavator, an operator marking the approximate location of a subsurface ins…

NAC 455.135 Marks: Duties of excavator; re-marking; confirmation or replacement. (NRS 455.137, 703.025, 704.260, 704.280) 1. Until an excavation or demolition is completed, an excavator shall maintain the marks: (a) Of the proposed area of an excavation or demolition made by the …

NAC 455.140 Marks: Prohibited acts; removal upon completion of excavation or demolition. (NRS 703.025, 704.260, 704.280) 1. Except as otherwise provided in subsection 2, an excavator, an operator or any other person shall not create, remove, change or modify a mark made by an exc…

NAC 455.145 Restrictions upon and duties of excavator before commencement of excavation or demolition. (NRS 455.137, 703.025, 704.260, 704.280) Except when commencing an emergency excavation as provided in the provisions of subsection 2 of NRS 455.110, an excavator: 1. Shall not …

NAC 455.150 Duties of excavator: Procedures for conducting excavation or demolition. (NRS 455.137, 703.025, 704.260, 704.280) 1. An excavator conducting an excavation or demolition shall proceed in a careful and prudent manner. 2. In accordance with the provisions of NRS 455.137,…

NAC 455.155 Duties of excavator: Discovery of unmarked subsurface installation during course of excavation or demolition. (NRS 455.140, 703.025, 704.260, 704.280) 1. In addition to the requirements set forth in subsection 4 of NAC 455.150 if, during the course of an excavation or…

NAC 455.160 Duties of excavator: Causing or observing damage to subsurface installation during excavation or demolition. (NRS 455.140, 703.025, 704.260, 704.280) 1. If an excavator causes or observes any damage, including, without limitation, a scratch, kink, stretch mark or any …

NAC 455.161 Duties of person causing or observing damage to subsurface installation while using hand tools. (NRS 704.260, 704.280) 1. If a person causes or observes any damage, including, without limitation, a scratch, kink, stretch mark or any other unusual condition, to a subsu…

NAC 455.165 Period for conducting excavation or demolition: Validity of notification; extension. (NRS 455.110, 703.025, 704.260, 704.280) 1. A notification submitted by an excavator to an association for operators is valid to conduct an excavation or demolition for 28 calendar da…

NAC 455.200 Definitions. (NRS 703.025, 704.260, 704.280) As used in NAC 455.200 to 455.450, inclusive, unless the context otherwise requires, the words and terms defined in NAC 455.205 to 455.237, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by P…

NAC 455.205 “Complainant” defined. (NRS 455.170, 703.025, 704.260, 704.280) “Complainant” means the Attorney General, a district attorney, a city attorney, the staff, the governmental agency that issued the permit to conduct an excavation or demolition, an operator, or a person c…

NAC 455.210 “Complaint” defined. (NRS 455.170, 703.025, 704.260, 704.280) “Complaint” means a written complaint made to the Commission by a complainant: 1. Alleging a violation of a provision of this chapter or NRS 455.080 to 455.180, inclusive; and 2. Seeking the imposition of a…

NAC 455.225 “Party to a complaint” defined. (NRS 703.025, 704.260, 704.280) “Party to a complaint” includes: 1. The complainant; 2. The respondent; 3. The staff, if the staff is not the complainant; and 4. A person who is granted leave to intervene pursuant to NAC 703.580. (Added…

NAC 455.227 “Presiding officer” defined. (NRS 703.025, 704.260, 704.280) “Presiding officer” means: 1. The Chair of the Commission; 2. A member of the Commission designated by the Chair of the Commission to preside over and conduct hearings or other proceedings, or any portion th…

NAC 455.235 “Respondent” defined. (NRS 703.025, 704.260, 704.280) “Respondent” means a person against whom a complaint is made. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013)

NAC 455.237 “Staff” defined. (NRS 703.025, 704.260, 704.280) “Staff” means the Regulatory Operations Staff of the Commission. (Added to NAC by Pub. Utilities Comm’n by R029-11, eff. 2-20-2013)

NAC 455.245 Deviation from provisions of chapter. (NRS 703.025, 704.260, 704.280) The Commission or presiding officer may allow deviation from the provisions of this chapter if: 1. Good cause for the deviation appears; 2. The person requesting the deviation provides a specific re…

NAC 455.250 Computation and extension of time. (NRS 703.025, 704.260, 704.280) Except as otherwise provided by law: 1. In computing any period prescribed or allowed by any regulation of the Commission, the day of the act, event or default from or after which the designated period…

NAC 455.255 Civil penalties and remittances. (NRS 455.170, 703.025, 704.260, 704.280) A civil penalty or remittance by money order, bank draft or check to the Commission must be made payable to the “Public Utilities Commission of Nevada.” A remittance in currency or coin is accep…

NAC 455.270 Rights of staff. (NRS 703.025, 704.260, 704.280) The staff may appear, may be represented by counsel for the staff and may intervene in all hearings before the Commission on a complaint without filing a petition for leave to intervene. (Added to NAC by Pub. Utilities …

NAC 455.275 Rights of parties. (NRS 703.025, 704.260, 704.280) In any hearing before the Commission, each party to a complaint is entitled to enter an appearance, introduce relevant evidence, examine and cross-examine witnesses, make arguments, make and argue motions, and general…

NAC 455.280 Appearances. (NRS 703.025, 704.260, 704.280) A party to a complaint may enter an appearance at the beginning of a hearing or at some other time designated by the Commission by giving his or her name and address. If a person is appearing on behalf of a party to a compl…

NAC 455.285 Representation of parties and staff; qualifications of attorneys. (NRS 703.025, 704.260, 704.280) 1. Subject to the specific requirements in this section for representation by an attorney, in any proceeding before the Commission, a person may represent himself or hers…

NAC 455.290 Restriction on former employee acting as representative or expert witness. (NRS 703.025, 704.260, 704.280) No person who has served as an employee of the Commission may practice or act as an expert witness or representative in connection with any proceeding which is p…

NAC 455.295 Withdrawal of representative. (NRS 703.025, 704.260, 704.280) 1. Any representative wishing to withdraw from a proceeding before the Commission must make a motion stating the reasons for the requested withdrawal. 2. The presiding officer may order the representative t…

NAC 455.300 Standards of conduct; exclusion for contumacious conduct. (NRS 703.025, 704.260, 704.280) 1. Any person appearing in a hearing must conform to recognized standards of ethical and courteous conduct required of practitioners before the courts of this State. 2. Contumaci…

NAC 455.310 Contents of complaints; supporting documents or evidence; service of documents. (NRS 703.025, 704.260, 704.280) 1. A complaint filed with the Commission must: (a) Clearly and concisely state the grounds of the complaint and the facts constituting the alleged wrongful …

NAC 455.315 Response; failure to respond. (NRS 455.170, 703.025, 704.260, 704.280) 1. A respondent who is served with a complaint in accordance with NAC 455.310 shall file with the Commission a written response to the complaint within 15 calendar days after service of the complai…

NAC 455.317 Staff authorized to file response if staff is not complainant. (NRS 703.025, 704.260, 704.280) If the staff is not the complainant, the staff may file a response to a complaint within 5 working days after the respondent files a response in accordance with NAC 455.315.…